December 29, 2025
By Ayinde Adeleke
A Federal High Court sitting in Abuja has declared Nigeria’s local governments autonomous as a distinct third tier of government, bringing to an end state government control over Universal Basic Education (UBE) funds.
In a landmark judgment delivered by Justice Emeka Nwite, the court voided key provisions of the Universal Basic Education Act, 2004, which placed Local Government Education Authorities (LGEAs) under the supervision of State Universal Basic Education Boards (SUBEBs).
The court held that the affected sections of the Act are inconsistent with the 1999 Constitution, stating that local governments are constitutional entities and not extensions of state governments.
The court subsequently ordered UBEC to allow all 774 Local Government Education Authorities across the country direct access to UBE funds. It also directed the Attorney-General of the Federation and UBEC to notify all state governments, SUBEBs, and LGEAs of the judgment within a stipulated period.
The suit, marked FHC/ABJ/CS/1536/2020, was instituted to challenge the constitutionality of sections of the UBE Act that placed local government education under state control.
The ruling is expected to significantly reshape basic education funding and administration at the grassroots level across Nigeria.
